By: Staff Writer
January 14, Colombo (LNW): The recent appointment of former High Court Judge Ranga Dissanayake as the Director General (DG) of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) by President Anura Kumara Dissanayake, based on recommendations from the Constitutional Council, has sparked significant debate within Sri Lanka’s legal community.
Legal professionals have raised concerns about the legality of this appointment under the provisions of the Anti-Corruption Act No. 09 of 2023. According to legal activist and attorney Namal Rajapaksa, the Act clearly specifies the qualifications required for the position of DG.
Legal Provisions and Concerns
Section 17 of the Anti-Corruption Act outlines the qualifications for the DG role, emphasizing the necessity for a minimum of 15 years of experience in handling criminal prosecutions and extensive legal expertise.
Furthermore, Section 19(A) mandates that the appointee must be a legal professional with proven experience in managing criminal cases. Rajapaksa contends that the inclusion of these provisions in the Act was aimed at addressing the inefficiencies of past CIABOC leadership in managing high-profile corruption cases.
Ranga Dissanayake, while widely regarded as a competent and honest High Court judge, lacks the required 15 years of experience in managing criminal prosecutions. Rajapaksa asserts that this makes the appointment non-compliant with the law.
Counterarguments in Favor of the Appointment
Dr. Prathiba Mahanamahewa, a legal analyst and former commissioner of the Human Rights Commission of Sri Lanka, refuted these claims. He argued that Dissanayake’s extensive judicial career, including his tenure as a Magistrate and later as a High Court Judge, provides him with substantial experience and knowledge of criminal law and case management.
Magistrates, he noted, handle a significant volume of criminal cases, which equips them with expertise in this domain.
Mahanamahewa also highlighted that the DG operates with the support of a legal team within CIABOC, suggesting that Dissanayake’s appointment does not violate the law.
Implications and Potential Legal Challenges
Despite these arguments, Rajapaksa maintains that the appointment is legally contentious and could be challenged in court.
He pointed to a precedent involving former DG Kanishka Wijerathna, whose appointment as DG while serving as a High Court Judge was deemed unlawful due to non-compliance with the qualifications outlined in the law. Wijerathna subsequently resigned, citing these legal concerns.
Rajapaksa warned that similar challenges could arise regarding Dissanayake’s appointment, potentially undermining the validity of indictments signed by the DG. He cited ongoing legal disputes, such as the Greek Bond case involving former Central Bank Governor Ajith Nivard Cabraal, where the validity of indictments signed by the previous DG has already been contested.
Future Implications
If legal challenges against Dissanayake’s appointment succeed, it could cast doubt on the legitimacy of cases initiated under his tenure. This includes the risk of indictments being invalidated, potentially leading to the dismissal of critical corruption cases.
The debate underscores the importance of adhering to legal frameworks in appointing officials to key institutions tasked with upholding integrity and accountability in Sri Lanka.
